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20-10-1005. Procedure for transfer or discharge of residents — Violations.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-1005. Procedure for transfer or discharge of residents — Violations.
(a) The Office of Long-Term Care shall prescribe through rule the procedure for transfer or discharge of residents to be followed by long-term care facilities. The procedure shall include:
(1) Provisions for a written notice to be furnished to the resident, sponsor, and other appropriate parties thirty (30) days before any involuntary transfer or discharge and for rules setting forth the following circumstances for which the written notice need not be furnished:
(A) The transfer or discharge is necessary to meet the resident's welfare, and the resident's welfare cannot be met in the facility;
(B) The transfer or discharge is appropriate because the resident's health has improved sufficiently so that the resident no longer needs the services provided by the facility;
(C) The safety of individuals in the facility is endangered;
(D) The health of individuals in the facility would otherwise be endangered;
(E) The resident has failed, after reasonable and appropriate notice, to pay or to have paid under state-administered programs on the resident's behalf an allowable charge imposed by the facility for an item or service requested by the resident and for which a charge may be imposed consistent with federal and state laws, rules, and regulations; or
(F) The facility ceases to operate;
(2)(A) An appeals process for residents objecting to an involuntary transfer or discharge which places the burden of proof for justification of the transfer or discharge on the facility.
(B) The appeals process for objections to transfer or discharge shall include provisions for the resident or sponsor, within seven (7) days upon receipt of the written notice of transfer or discharge, to file a writte
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-1005
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-10-1005
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4f53cff5ac1897762087c96dae0be71c6ca1fa3296e2b39e481aaff6336f9925
Source location: content.xml paragraph 6469
Stored source content
20-10-1005. Procedure for transfer or discharge of residents — Violations.
(a) The Office of Long-Term Care shall prescribe through rule the procedure for transfer or discharge of residents to be followed by long-term care facilities. The procedure shall include:
(1) Provisions for a written notice to be furnished to the resident, sponsor, and other appropriate parties thirty (30) days before any involuntary transfer or discharge and for rules setting forth the following circumstances for which the written notice need not be furnished:
(A) The transfer or discharge is necessary to meet the resident's welfare, and the resident's welfare cannot be met in the facility;
(B) The transfer or discharge is appropriate because the resident's health has improved sufficiently so that the resident no longer needs the services provided by the facility;
(C) The safety of individuals in the facility is endangered;
(D) The health of individuals in the facility would otherwise be endangered;
(E) The resident has failed, after reasonable and appropriate notice, to pay or to have paid under state-administered programs on the resident's behalf an allowable charge imposed by the facility for an item or service requested by the resident and for which a charge may be imposed consistent with federal and state laws, rules, and regulations; or
(F) The facility ceases to operate;
(2)(A) An appeals process for residents objecting to an involuntary transfer or discharge which places the burden of proof for justification of the transfer or discharge on the facility.
(B) The appeals process for objections to transfer or discharge shall include provisions for the resident or sponsor, within seven (7) days upon receipt of the written notice of transfer or discharge, to file a written objection to the transfer.
(C) Unless otherwise agreed to by the parties:
(i) A hearing shall be scheduled within fourteen (14) days following the filing of the objection; and
(ii) A final determination shall be rendered within seven (7) days following the hearing; and
(3) The contents of the written notice, including a statement in clear and concise language of the appeal process to be followed by the resident and the time periods in which:
(A) The resident must request an appeal;
(B) The appeal must be heard; and
(C) The earliest date a transfer would be allowed if the decision is against the resident.
(b) A request for a hearing shall stay a transfer pending a final determination.
(c) If the facility prevails and the final determination is not rendered within seven (7) days of the conclusion of the hearing, the Department of Human Services shall bear the cost of the resident's continued stay in the long-term care facility until such time as the decision is rendered.
(d) The facility shall provide preparation and orientation to residents to ensure a safe and orderly transfer or discharge.
(e) Failure to comply with the transfer or discharge procedures as prescribed by the office shall be considered a Class B violation under § 20-10-205 for which civil penalties set forth in § 20-10-206 may be imposed.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-205. Classification of violations.
(a) The Office of Long-Term Care shall promulgate rules specifying classified violations in accordance with this section.
(b) The notice of violation issued to a long-term care facility by the Director of the Office of Long-Term Care shall be classified according to the nature of the violation and shall indicate the classification on the face of the notice as follows:
(1) Class A violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility resulting in death or serious physical harm to a resident or creating a substantial probability that death or serious physical harm to a resident will result therefrom;
(2) Class B violations create a condition or occurrence relating to the operation and maintenance of a long-term care facility which directly threatens the health, safety, or welfare of a resident;
(3) Class C violations shall relate to administrative and reporting requirements that do not directly threaten the health, safety, or welfare of a resident; and
(4)(A) Class D violations shall relate to the timely submission of statistical and financial reports to the office.
(B) The failure to timely submit a statistical or financial report shall be considered a separate Class D violation during any month or part of a month of noncompliance.
(C) In addition to any civil penalty which may be imposed, the director is authorized, after the first month of a Class D violation, to withhold any further reimbursement to the long-term care facility until the statistical and financial report is received by the office.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-10-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-10-206. Civil penalties.
(a)(1) In the case of a Class A violation, the following civil penalties shall be assessed by the Director of the Office of Long-Term Care against the long-term care facility. In Class B, Class C, or Class D violations, the director, in his or her discretion, may assess the following civil penalties or may allow a specified period of time for correction of the violation:
(A)(i) Class A violations are subject to a civil penalty not to exceed two thousand five hundred dollars ($2,500) for the first violation.
(ii) A second Class A violation occurring within a six-month period shall be subject to a civil penalty of five thousand dollars ($5,000).
(iii) The third Class A violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of licensure of the facility;
(B)(i) Class B violations are subject to a civil penalty not to exceed one thousand dollars ($1,000).
(ii) A second Class B violation occurring within a six-month period shall be subject to a civil penalty of two thousand dollars ($2,000).
(iii) A third Class B violation occurring within a six-month period from the first violation shall result in proceedings being commenced for termination of the facility's Medicaid agreement and may result in proceedings being commenced for revocation of the licensure of the facility;
(C) Class C violations are subject to a civil penalty to be set by the director in an amount not to exceed five hundred dollars ($500) for each violation; and
(D) Class D violations are subject to a civil penalty to be set by the director in an amount not to exceed two hundred fifty dollars ($
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-10-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-10-206. This identifies an authority to review, not proof of applicability.